Friday, January 01, 2016

All Ladies' Rooms Open to Men: Washington State

The state government of Washington just became the first in the nation to make it illegal to stop any man from entering and using restrooms, locker rooms, showers, etc. labeled for women/females/girls. The Washington State Human Rights Commission acted unilaterally in order to grant "equality" to those who are confused about their sexuality, but now the "door is open" to a variety of sexual predators as well.

If a man says he is a woman and walks into the women’s restroom, it is now illegal for a business owner to intervene. That is the result of a new rule created by the Washington State Human Rights Commission that went into effect Dec. 26.

The issue has been heating up in Washington for a while now. School boards throughout Washington State have been wrestling with the matter.

However, this is the first statewide mandate that forces businesses to cooperate with a customer’s confusion about his or her gender.

The rule, WSR 15-11-104, states, "all covered entities, except school districts...shall allow individuals the use of restrooms, locker rooms, dressing rooms...that are consistent with that individual's gender identity." The rule was not enacted by the state Legislature, but has the same force as a law.

The rule prohibits owners/management from requiring "use inconsistent with gender identity" and, "if another person expresses concern or discomfort about a person who uses a facility that is consistent with the person’s gender identity, the person expressing discomfort should be directed to a separate or gender neutral facility, if available."

In other words, if a female in the women's room felt uncomfortable by the presence of a male with gender dysphoria, she would be the one, by rule, asked to use a different restroom.

When asked "What defines a woman?," Laura Lindstrand, policy analyst for the Washington State Human Rights Commission, said the person simply "has to identify as a woman."

Lindstrand said she was unable to answer whether or not there should be a legal, not biological, definition of 'woman.'

State legislators are already working to draft bills in reaction to the Washington State Human Rights Commission’s newly enacted rules, saying the panel overstepped its authority by leaving the Legislature out of such a major change in policy and understanding.

The commission took action after an eight-month dispute over transgender access at the YMCA of Pierce and Kitsap counties, which at first allowed and then prohibited opposite-sex use of bathrooms, showers and locker rooms.

Emily Chiang, legal director of the American Civil Liberties Union of Washington, described the action as a clarification of the 2006 Washington Law Against Discrimination, not a wholesale change.

“What they’ve done is basically clarify existing Washington state law, which already prohibits discrimination on the basis of sexual orientation or gender identity,” Ms. Chiang said in an email. “So, it wouldn’t really make sense for the Legislature to be involved, the HRC action is designed to give additional guidance to people looking to understand the state law.”

[Republican state Rep. Graham Hunt] said the commission’s rule poses a threat to public safety by making it virtually impossible to stop sexual predators from taking advantage of the law to gain access to women’s restrooms and other facilities.